• Place of filing nullity case under Special Marriage Act 1954

My self Dr. SK. Samim, resident under Jangipur SDJM Court, Murshidabad,   married with a Muslim lady under Chinsurah SDJM, Hoogly. Marriage solemnized at Chinsura District Marriage Registry Office on 19.03.16 by SPECIAL MARRIAGE ACT-1954.
Also I am an govt. employee under Ghatal SDJM, Paschim Medinipur from last 9 months.
   I am going to file NULLITY case against my wife. 
1. On which basis, one can file ANNULMENT against her wife?


Most important.
2. CAN I FILE NULLITY CASE AT 
Jangipur SDJM Court?(that mens my permanent address)?
3. Or, CAN I FILE THE CASE AT Ghatal SDJM, Paschim Medinipur??
Asked 3 months ago in Family Law from Raghunathganj, West Bengal
Religion: Muslim
1. If the marriage has not been consummated due to the impotency of spouse, or if tge cinsent to martiage was obtained under coercion or fraud the aggrieved spouse may file for annulment.

2.  The petition may be filed where the marriage took place or where the spouses last resided together
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) you can file petition for nullity within jurisdiction of court where marriage was solemnised or where parties resided after marriage or where wife is residing or where petitioner is residing 

2) you can file for annulment within period of one year of marriage if wife is impotent or refused to consummate the marriage or your consent was obtained by coercion or fraud 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi,
 you can file for annulment of your marriage under the following sections and the subsections depoedning on the fact of your case
Section 25 in The Special Marriage Act, 1954
25. Voidable marriages.—Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,—
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,—
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,—
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.

now section 31.   says where one has to file the petition     Court to which petition should be made. -
 
(1)        Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction-
 
(i)      The marriage was solemnized; or
 
(ii)        The respondent, at the time of the presentation of the petition resides; or
 
(iii)       The parties to the marriage last resided together; or
 
(iv)       The petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard to him if he were alive.]
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) you can file petition for nullity of marriage in court  within whose jurisdiction  you are currently residing 

2) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Dear Querist
Annulment petition can be file under section 25 of special marriage act on the ground as mention below:
Voidable marriages.—Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,—
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,—
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,—
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.

Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
THe court in which you may file the petition is mention in section 31 of SMA

31 Court to which petition should be made.—1[
(1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction—
(i) the marriage was solemnized; or
(ii) the respondent, at the time of the presentation of the petition resides; or
(iii) the parties to the marriage last resided together; or 2[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive.]
(2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Read point no.2 of my previous reply which caters to your query. You cannot file it anywhere except the places that I mentioned therein.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) if court passes order you have to pay maintenance ti your wife 

2) you will have to pay after separation if court directs you to do so 

3) yiu are at Liberty to withdraw your petition for anullment of marriage and file fir divorce 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Unless the decree is passed on your favour you will have to maintain your wife if ordered by the court.
2. You may withdraw the nullity case and file for dissolution of marriage.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
You have posted question clarifying the the grounds for filing nullity case against yor wife without giving any background details. 

You have to mention the reasons which pushed you to decide to seek nullification of your marriage, without which no opinion can be given and even if any opinion rendered, it may be a misleading or misguiding opinion. 

For filing a divorce or nullity case, one can file in the place where marriage took place or where b the last resided together or where she is currently living. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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1. CAN I FILE NULLITY CASE AT SDJM Court Within where I permanently reside?
If yes, then please specify the SECTION.
2. Please sir/mam, CAN I FILE NULLITY CASE at my VOTER ADDRESS SDJM or District Court?
2. CAN I FILE NULLITY CASE AT MY JOB AREA SDJM COURT?

NO is the answer for the above questions. 
You may file the case either in the place of marriage or at her current residential jurisdictional court. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
My wife Hons. graduate, they are only two daughter of a business man father. Myself a state govt employee.
1. Am I liable to give maintenance allowance to my wife when the nullity case is running??

It depends on the application she files and the court's discretion after hearing both the sides. 





2. Am I liable to pay the same after legal separation too?

If the court has nullified the marriage by a decree of nullity then the maintenance application may become infructuous. 






After one year of my marriage,
3. Can I WITHDRAW the NULLITY CASE AT ANY MOMENT? & CAN I FILE NEWLY A DIVORCE CASE??
Please reply.

Yes.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0

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